Q: Can I move out of state with my child without a legal custody agreement?
I want to move out of state with my child. There is no legal custody agreement or court order in place. My child regularly sees his father, and I have a plan to ensure he continues to see him after the move. I plan to notify the father a few weeks in advance. Will this be legally permissible since he doesn't currently pay child support?
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A:
Even though there is no legal custody agreement or court order in place, moving out of state with your child without the other parent’s consent can still lead to legal complications. In most cases, a custodial parent needs either the consent of the other parent or a court order if they plan to relocate with the child. Since your child’s father has regular visitation, you may need to seek his consent for the move to avoid potential legal issues, such as accusations of parental kidnapping or interference with visitation rights.
Although you plan to notify him in advance and have a plan for continued visitation, it’s still a good idea to consult with a family law attorney to ensure you are following the correct legal procedures. The fact that the father is not paying child support doesn’t remove his legal rights as a parent, and you’ll want to address this matter in a way that minimizes the risk of future disputes.
To protect your rights and avoid complications, it’s best to formalize the custody arrangement through the courts. This will provide clear guidelines and ensure both parents have a say in decisions regarding the child’s living situation and visitation. You may need to file for a modification of custody if the move is approved or if any resistance arises from the father.
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